Abbott pushes to block disabled Texans' lawsuits against state

AUSTIN — Attorney General Greg Abbott, who has said he supports the Americans with Disabilities Act, has tenaciously battled to block the courthouse door to disabled Texans who sue the state.

In a series of legal cases in his three terms, Abbott’s office has fought a blind pharmacy professor in Amarillo who wanted reflective tape on the stairs to her office; two deaf defendants in Laredo who asked for a qualified sign language interpreter in their courtroom; and a woman with an amputated leg. In that case, the state argued she was not disabled because she had a prosthetic limb.

See full story at: http://www.dallasnews.com/news/politics/headlines/20140215-greg-abbott-pushes-to-block-disabled-texans-lawsuits-against-state.ece

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"Satire is a sort of glass, wherein beholders do generally discover everybody's face but their own." Jonathan Swift "I don't care to belong to a club that accepts people like me as members." Groucho Marx

The ADA is a complete joke. It is so stupid, that it forces hotels, motels and camp grounds to provide hoists and a person to operate it ,so that "disabled" people can use the pool. Consequently , many places are simply closing the pools because they can't afford it. The liberal way is everyone must suffer for the. "Greater Good".

My pool already existed before the effective date of the new rule. What am I required to do to provide pool access to customers with mobility disabilities?
The ADA requires businesses to make existing pools accessible only when it is "readily achievable" to do so. Readily achievable means that providing access is easily accomplishable without much difficulty or expense. The 2010 Standards provide the benchmark, or goal, for accessibility in existing pools. (See Question 2 for the 2010 Standards requirements for pools). However, owners of existing pools need to comply with the 2010 Standards only to the extent that doing so is readily achievable for them.

The 2010 Standards for pool lifts require lifts to be fixed and to meet additional requirements for location, size of the seat, lifting capacity, and clear floor space. Therefore, if a business can provide a fixed lift that meets all of the 2010 Standards’ requirements without much difficulty or expense, the business must provide one. If no fully compliant lift is readily achievable for the business, the business is not obligated to provide a fully compliant lift until doing so becomes readily achievable. In addition, the business may provide a non-fixed lift that otherwise complies with the requirements in the 2010 Standards if doing so is readily achievable and if full compliance is not.

Are there any tax credits or deductions to help me comply?

Yes. To assist businesses with complying with the ADA, Section 44 of the IRS Code allows a tax credit for small businesses and Section 190 of the IRS Code allows a tax deduction for all businesses. The tax credit is available to businesses that have total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees. This credit can cover 50% of the eligible access expenditures in a year up to $10,250 (maximum credit of $5000). The tax credit can be used to offset the cost of undertaking barrier removal and alterations to improve accessibility; providing accessible formats such as Braille, large print and audio tape; making available a sign language interpreter or a reader for customers or employees; and for purchasing certain adaptive equipment. The tax deduction is available to all businesses with a maximum deduction of $15,000 per year. The tax deduction can be claimed for expenses incurred in barrier removal and alterations. To learn more about the tax credit and tax deduction provisions, contact the DOJ ADA Information Line (at 800-514-0301 (voice); 800-514-0383 (TTY).

Thank you for the clarification. I have been involved in the ornamental and miscellaneous end of the business and am more familiar with stairs and handrail.

It is interesting to note that a requirement now in buildings that have a stair that is open underneath have what is referred to as a "Cane Rail" under the stair. This rail is only a few feet tall and is there so that a blind person's can hits the rail and warns him before his head hits the stair.

I cannot understand how anybody would not want to help people remain safe and have access to things we take for granted.

"Satire is a sort of glass, wherein beholders do generally discover everybody's face but their own." Jonathan Swift "I don't care to belong to a club that accepts people like me as members." Groucho Marx

TC strips away all the GOTP subterfuge regarding the GOTP wars on the rest of US.

TC unapologetically explains why the GOTP is making war upon specific groups.

Folks with disabilities should learn to live with those disabilities, and the restrictions Texas may place upon those with disabilities...except when Abbott became a Texas Supreme Court Judge, and handicapped accessible ramps were put in for him.

Abbott used to say that lawsuits were an appropriate way to deal with discrimination under the ADA, but that may have been before he became a hypocrite about the ADA and people with disabilities. I doubt it though. GOTP/RRRs tend to be hypocrites about a lot of things.

I have favorite story about handicapped access. Many many years ago when all Texas had was senate bill 111 to guide construction of handicapped access, I had a job that had signs on it and we needed to get a copy of the braille alphabet so that we could put pins in the signs. While at the Lighthouse for the Blind, I asked them where the best place to mount braille signs and they said it should be on the wall on the handle side of the door. She said, whatever you do "Do not put the signs on the door, especially if they open outward". OUCH. Since that time, Every time I see a sign mounted on a restroom door I have a mental picture of what happens next.